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History · Ch 12 — Framing the Constitution — The Beginning of a New Era

The making of the Constituent Assembly

12.1

The making of the Constituent Assembly

The Constituent Assembly was not elected by the people directly. Instead, elections to the provincial legislatures were held in the winter of 1945–46, and those provincial legislatures then chose the members of the Constituent Assembly. This indirect election meant that the Assembly was not based on universal adult franchise.

The Congress dominated the Assembly. In the provincial elections, the Congress swept the general seats, while the Muslim League won most of the reserved Muslim seats. However, the Muslim League chose to boycott the Constituent Assembly, pressing its demand for Pakistan with a separate constitution. The Socialists too were initially unwilling to join, believing the Assembly was a creation of the British and therefore incapable of being truly autonomous. As a result, 82 per cent of the members of the Constituent Assembly were also members of the Congress.

But the Congress was not a party with one voice. Its members differed on critical issues. Some were inspired by socialism, others were defenders of landlordism. Some were close to communal parties, while others were assertively secular. Through the national movement, Congress members had learnt to debate their ideas in public and negotiate their differences. Within the Constituent Assembly too, Congress members did not sit quiet — discussions were lively and contested.

The discussions within the Assembly were also influenced by opinions expressed by the public. As deliberations continued, arguments were reported in newspapers, and proposals were publicly debated. Criticisms and counter-criticisms in the press shaped the nature of the consensus ultimately reached on specific issues. To create a sense of collective participation, the public was asked to send in their views on what needed to be done. …

Figure 12.3Jawaharlal Nehru speaking in the Constituent Assembly at midnight on 14 August 1947

The photograph shows Jawaharlal Nehru standing at the speaker's dais in the Constituent Assembly hall, addressing the gathered members at the historic midnight session of 14 August 1947. The Assembly chamber is filled with seated delegates, and the image captures the moment Nehru delivered his "tryst with destiny" speech — the opening lines of which are quoted in the textbook. The caption identifies the scene precisely: Nehru speaking in the Constituent Assembly at midnight on 14 August 1947.

This image is placed in the textbook to illustrate the very beginning of the Constitution-making process. It visually anchors the fact that the Constituent Assembly was not just a legal body but a political one, born out of the freedom struggle. The photograph shows the Assembly in its most dramatic moment — the transfer of power — reminding students that the Constitution was framed by leaders who had just won independence, and who were acutely aware of the hopes and anxieties of the people they represented. …